West Virginia Spinal Cord Injury Attorneys

A spinal cord injury is a life-altering event. It affects everything from a person’s mobility to their overall health. These injuries are caused by a sudden, traumatic blow to the spine. This can fracture, dislocate, crush, or compress one or more vertebrae.

The damage can sever or crush nerve fibers, disrupting the brain’s communication with the rest of the body. The severity of the injury depends on its location on the spine and the extent of the damage. An injury higher on the spinal cord typically results in more widespread paralysis, while a lower injury may affect only the legs.

Navigating the medical and financial aftermath of such an event can be overwhelming. This is why understanding the legal options for compensation is so important. The legal path is designed to help a person recover a wide range of damages to support their long-term care and well-being.

Recovering Damages After a Spinal Cord Injury in West Virginia 

When a spinal cord injury is caused by the negligence of another party, the injured person can file a personal injury lawsuit to seek compensation. The goal is to obtain damages that cover both direct financial losses and the profound personal toll of the injury.

Economic Damages: The Financial Impact

Economic damages are quantifiable and easy to prove with bills, receipts, and wage statements. These include the massive costs associated with immediate medical attention, such as emergency room visits, ambulance transport, and initial hospital stays.

These damages also encompass future medical needs, which can be extensive and lifelong. This includes ongoing doctor’s appointments, prescription medications, and durable medical equipment like wheelchairs. Physical therapy and other forms of rehabilitation are also significant costs.

Furthermore, if a person’s home or vehicle requires modifications to accommodate their new mobility needs, these expenses can be recovered. The financial impact extends to lost wages and the loss of earning capacity, recognizing that the injury may prevent a person from working in the future.

Non-Economic Damages: The Personal Toll

Beyond the financial costs, a spinal cord injury inflicts a heavy burden of non-economic damages. These are losses that do not have a specific dollar value but are central to the person’s quality of life.

The most common of these is physical pain-and-suffering. This is the physical discomfort endured from the injury itself and from the subsequent treatments and surgeries. Another significant non-economic damage is emotional distress, which includes the mental anguish, depression, anxiety, and psychological trauma that often accompany such a severe injury.

The diminished quality of life is also a key component, representing the loss of the ability to participate in hobbies, recreational activities, and daily routines that were once enjoyed. A permanent injury claim acknowledges the lasting nature of the disability and its effect on the individual for the rest of their life.

Navigating Work-Related Injuries

When a spinal cord injury happens in a workplace setting, the legal landscape becomes more complex. In West Virginia, most employees are covered by workers’ compensation, a no-fault system that provides benefits for work-related injuries regardless of who was at fault.

This program is a vital safety net, covering direct financial losses like medical expenses and a portion of lost earnings. However, a major limitation of workers’ compensation is that it does not provide benefits for non-economic losses. A person cannot recover compensation for their pain-and-suffering or emotional distress through this program alone.

For many people with spinal cord injuries, the emotional and physical toll of their condition is just as devastating as the financial impact. Relying solely on workers’ compensation may not provide the full and fair compensation necessary to address all aspects of the injury.

The Role of Third-Party Claims

A thorough legal analysis of the situation is very important. A legal team with a comprehensive understanding of work injury cases will look beyond the initial workers’ compensation claim to determine if other legal options are available. Often, the cause of a work-related injury is not solely the responsibility of the employer. It may involve a third party that was not the injured person’s direct employer.

For example, a person might be injured by a faulty product or equipment that was manufactured by a company other than their employer. The injured person may also have a claim against a subcontractor or another company working on the same job site. In these situations, the injured person may be able to pursue a personal injury claim against the third party. This is a separate action that can be pursued in addition to a workers’ compensation claim.

Deliberate Intent Claims Against Employers

While workers’ compensation generally prevents an employee from suing their employer, there is a very rare exception in West Virginia that allows a person to file a deliberate intent claim. This type of claim is allowed only in specific, narrow circumstances when an employer’s actions go beyond simple negligence. It must constitute a clear and conscious disregard for the safety of their workers.

To win a deliberate intent claim, the injured person must prove five specific elements:

1. The employer had a specific knowledge of a dangerous condition in the workplace.
2. The condition was a safety violation or a dangerous practice that would likely cause serious injury or death.
3. The employer intentionally exposed the employee to this condition.
4. The employer’s conduct was the proximate cause of the injury.
5. The employer acted with deliberate intent to cause the injury.

Winning a deliberate intent claim is exceedingly difficult. The burden of proof is very high, and the circumstances under which such a claim can be made are strictly defined by state law. If a person decides to pursue this legal route, it is crucial that they are represented by legal professionals with a proven history of handling these complex cases.

The Litigation Process: A Step-by-Step Overview

The Importance of a Thorough Investigation

Regardless of whether the injury happened at work or in another setting, a spinal cord injury claim requires a thorough and meticulous investigation. A legal team will work to gather all relevant evidence to establish liability and determine the full extent of the damages.

This process begins with a careful review of all medical records, including emergency room reports, doctors’ notes, and rehabilitation logs. Medical professionals may be consulted to provide testimony about the nature of the injury and the long-term prognosis. The circumstances surrounding the injury must also be recreated and analyzed. This may involve obtaining police reports, accident scene photos, and witness statements.

If the injury was caused by a faulty product, the product itself may need to be examined by engineers and other technical consultants. If it was a car accident, a reconstruction of the crash may be necessary. A comprehensive investigation is the foundation of any successful claim.

Understanding the Statute of Limitations

One of the most critical aspects of any personal injury claim is the statute of limitations. This is the legal deadline for filing a lawsuit. In West Virginia, the statute of limitations for personal injury claims is generally two years from the date of the injury.

This means a person has a two-year window to file a claim in civil court. While this may seem like a long time, the investigative process and case preparation can take a significant amount of time. If the deadline is missed, the person may lose their right to seek compensation forever, regardless of the merits of their case.

This is why it is so important to act quickly and consult with a legal professional as soon as possible after an injury occurs. A prompt consultation allows a legal team to begin the investigative process, secure crucial evidence before it is lost or compromised, and ensure that all necessary paperwork is filed within the required timeframe.

From Filing to Trial

Once a lawsuit is filed, the case moves into a phase known as discovery. During this period, both sides of the lawsuit exchange information and evidence. This may include depositions, where witnesses and parties are questioned under oath, and the exchange of documents like medical bills and accident reports.

The goal of discovery is for both sides to gain a clear picture of the strengths and weaknesses of the case. Many West Virginia personal injury claims, including those involving spinal cord injuries, are settled out of court during or after the discovery phase. If a settlement cannot be reached, the case may proceed to trial. During a trial, a judge or jury will hear all of the evidence and testimony and decide on a verdict, including the amount of damages to be awarded.

Throughout this entire process, a person with a spinal cord injury will need someone who is dedicated to advocating on their behalf and navigating the complexities of the legal system to pursue the compensation they need.

Causes of Spinal Cord Injuries

A spinal cord injury is typically the result of damage to the ligaments, vertebrae, or discs within the spinal column, or damage to the spinal cord itself. This damage affects the nerve fibers that pass through the affected area, which may cause impairment to part or all of the corresponding nerves and muscles below the site of the injury.

There are a number of different ways that a spinal cord injury can occur, some of the most common include:

• Traffic-Related Accidents: According to the Mayo Clinic, motor vehicle accidents and other traffic-related events are the leading cause of spinal cord injuries in the US, accounting for nearly half of all such injuries. A spinal cord injury is more likely with certain types of accidents, such as crashes involving pedestrians and/or large commercial trucks.

• Falls: Falls are the second leading cause of spinal cord injuries, accounting for a little over 30% of these types of injuries. Individuals over the age of 65 are at the highest risk of a spinal cord injury after a fall.

• Workplace Accidents: A large number of spinal cord injuries happen on the job. In certain occupations, workers are more susceptible to these types of injuries; these include construction, logging, mining, and fracking.

• Acts of Violence: Close to 15% of spinal cord injuries are caused by violent encounters. Young children who are physically abused are especially vulnerable to spinal injuries, and they also happen because of gunshot and knife wounds.

• Sports Accidents: Spinal cord injuries happen sometimes because of sports accidents. These injuries are most common with certain sports activities, such as impact sports (e.g., football, hockey, and boxing), cliff diving, and diving in shallow water.

• Product Defects: A spinal cord injury can occur because of a defective or dangerous product that malfunctions and causes an accident. This has been known to happen with various types of machinery in the workplace, and faulty vehicle products could also be the cause of an auto accident with injuries.

Spinal cord injuries can be either “complete” or “incomplete”, depending on the specific injury. A complete injury means that the injured person has no sensation or movement in the affected area(s). An incomplete injury means that there is some sensation and the possibility of some movement in the area, although it might be limited.

After a Life-Changing Spinal Cord Injury

Paraplegia or quadriplegia changes a lifestyle in countless ways. Spouses or parents become caregivers. Typical work activities may be out-of-bounds as a result of new disabilities. There are typically many new and ongoing expenses.

Emergency medical treatment, follow-up medical care, rehabilitation and physical therapy in the first few days, weeks and months are only the beginning of the many expenses to come. If you’ve been paralyzed as a result of a spinal cord injury, besides a wheelchair, you may need equipment such as a lift to move from bed to chair to wheelchair.

Additionally, you may need a modified van (as well as replacement vans every 10 years or so) and help from personal care attendants for several hours a day. For all these reasons, it is critical to pursue maximum available compensation from all sources — ideally beginning as soon after the accident as possible.

Pursuing a Spinal Cord Injury Claim in West Virginia

Spinal cord injuries are often permanent and debilitating, and victims can recover a wide range of damages through a personal injury lawsuit. These include:

• Hospitalization costs
• Costs for surgeries and other types of treatments
• Physical therapy and other types of rehabilitation
• The cost for ongoing medical care
• Living modifications
• Lost wages
• Loss of earning capacity
• Physical pain-and-suffering
• Emotional distress
• Diminished quality of life
• Permanent injury

If your spinal cord injury occurred at work, things can get more complicated. Employees who suffer work-related injuries are eligible for workers’ compensation benefits, but this program only provides coverage for direct monetary losses such as medical bills and lost earnings. Unfortunately, workers’ comp does not provide benefits for noneconomic losses such as pain-and-suffering.

Our attorneys look beyond workers’ comp for other legal avenues through which you may be able to recover the full and fair compensation you deserve. For example, if your spinal cord injury happened at work but it was caused by an outside party (such as a third-party subcontractor or a faulty product maker), then you may be able to file a personal injury claim directly against the responsible party.

In general, an injured worker is not able to sue their employer if the employer already provides workers’ compensation coverage. But in some rare cases, a worker could sue a West Virginia employer if their injury was caused by the employer’s deliberate actions. Deliberate intent claims are very difficult to win, however, so if you decide to go this route, be sure you are represented by attorneys who have the proven ability to recover full damages in these types of cases.

Contact Bailey Javins & Carter for a Free Consultation

If you or a family member has suffered catastrophic injury, a skilled personal injury attorney may become your most important ally. Whether you were injured in a logging accident, a construction accident or a coal mining accident in West Virginia, our law firm is a valuable resource for you.

At Bailey, Javins & Carter, L.C., we are dedicated to helping our injured clients put their lives back together after they have suffered serious injuries. Discuss your car accident or workplace accident case with one of our attorneys and let us explain how we can coordinate efforts to assist with your recovery. When trauma leads to a spinal cord injury and that injury results in a disability, our law firm is here to help.

To get started, call our office today at (800) 497-0234 or (800) 296-6979 or send us an online message to schedule a free consultation and case assessment. We are ready to go to work for you!

We work on a contingency basis. We don’t get paid unless you do.